hKP 


Delinquent  and  Wayward 

Children. 

NEW  MASSACHUSETTS  METHODS  OF 

TREATMENT. 

1.  THE  LAW  OF  1906  (CHAPTER  413)  TOGETHER  WITH  AN  ANALYSIS  OF 
THE  NEW  LEGISLATION  AND  A  COMPARISON  OF  ITS  PROVISIONS 
WITH  THOSE  OF  FORMER  STATUTES. 

2.  THE  LAW  (CHAPTER  489,  ACTS  OF  1906)  ESTABLISHING  THE 

BOSTON  JUVENILE  COURT. 


Prepared  For  Publication  Bt 
WARREN  F.  SPALDING. 


Published  by  the  Boston  Section,  Council  of  Jewish  W omen,  in  co-operation 
with  the  Civic  Committee  of  the  Massachusetts  Federation  of 
Women’s  Clubs  and  the  Fathers’  and  Mothers’ 

Club  of  Boston. 


January,  1907. 


CAMBRIDGE : 

CAUSTIC-CLAFLIN  COMPANY,  PRINTERS 
32  Brattle  Street 
1907 


“The  problem  of  the  children  is  the  problem  of  the  State. 
As  we  mould  the  children  of  the  toiling  masses  in  our  cities, 
so  we  shape  the  destinies  of  the  State,  which  they  will  rule  in 
turn,  taking  the  reins  from  our  hands.  In  proportion  as  we 
neglect  them,  or  pass  them  by,  the  blame  for  bad  government 
to  come  rests  upon  us.” — Jacob  Riis. 


“What  are  you  going  to  do,  my  brother,  for  the  higher 
side  of  human  life?  What  contribution  are  you  going  to 
make  of  your  strength,  your  time,  your  influence,  your  money, 
your  self,  to  make  a  cleaner,  fuller,  happier,  larger,  nobler 
life  possible  for  some  of  your  fellow  men?” — Hejny  Van 
Dyke. 


Copies  of  this  pamphlet  may  be  had  on  application  to  the 
Massachusetts  Prison  Association,  56  Pemberton  Square,  or  to  the 
Massachusetts  Civic  League,  4  Joy  Street,  Boston. 


DELINQUENT  AND  WAYWARD  CHILDREN. 


NEW  MASSACHUSETTS  METHODS  OF  TREATMENT. 


The  legislature  of  1906  enacted  two  new  laws  in  relation  to 
the  treatment  of  juvenile  offenders — Chapter  413,  “An  Act  Rela¬ 
tive  to  Delinquent  Children,”  and  Chapter  489,  “An  Act  to  Es¬ 
tablish  the  Boston  Juvenile  Court.”  The  former  applies  to  the 
entire  state;  the  latter  creates  a  special  court  for  juvenile  cases 
within  the  jurisdiction  of  the  Municipal  Court  of  the  city  of  Bos¬ 
ton. 

The  purpose  of  both  laws  is  well  stated  in  the  first : 

“This  Act  shall  be  liberally  construed  to  the  end  that  the  care, 
custody  and  discipline  of  the  children  brought  before  the  court  shall 
approximate  as  nearly  as  possible  that  which  they  should  receive  from 
their  parents,  and  that,  as  far  as  practicable,  they  shall  be  treated,  not 
as  criminals,  but  as  children  in  need  of  aid,  encouragement  and 
guidance.” 

JUVENILE  MISDEEDS  NOT  NECESSARILY  CRIMINAL. 

No  one  who  understands  youthful  wrongdoers  needs  to  be 
convinced  that  there  is  a  wide  difference  between  the  offences  of 
children  and  those  of  adults.  A  considerable  proportion  of  those 
committed  by  children  and  youth  are  in  no  proper  sense  “crimes.” 
They  are  violations  of  city  ordinances,  and  of  town  by-laws,  which 
forbid  in  one  place  acts  which  are  permitted  in  another.  These 
prohibitions  are  made  necessary  by  the  exigencies  of  modern  life. 
There  is  no  moral  quality  in  the  violations,  but  under  the  old 
laws  they  were  treated  like  serious  crimes. 

There  is  another  class  of  juvenile  misdeeds  which,  in  them¬ 
selves,  are  criminal — such  as  larceny,  burglary,  etc.,  but  few 
youthful  offenders  commit  these  acts  from  the  same  motives 
which  impel  adults  to  commit  them,  or  have  any  clear  idea  of 
their  seriousness.  Their  conceptions  are  those  of  children  or 
youth — with  the  errors  and  defects  of  immaturity.  The  civil 
laws  of  the  state  recognize  this  immaturity  in  many  ways.  A  boy 
or  girl,  even  of  twenty,  is  legally  incapable  of  making  a  binding 
contract.  The  enactment  of  the  new  legislation  will  make  our 
civil  and  criminal  laws  more  consistent  than  they  have  been. 

The  remedy  for  the  defects  of  the  existing  system  was  found 
to  be  a  change  in  the  statutory  relation  between  children  and  the 


state.  Under  the  law  which  has  been  passed,  the  misdeed  of  a 
child  is  still  recognized  as  something  to  be  dealt  with  by  the 
courts,  not,  however,  as  a  crime,  to  be  punished,  but  as  an  act 
which  warrants  the  state  in  making  the  offender  its  ward,  with  all 
which  that  implies  of  judicial  relations  and  responsibilities. 

COMMITMENT  OF  ARRESTED  CHILDREN. 

Under  the  new  law,  if  children  are  arrested  without  war¬ 
rants,  they  are  booked  by  the  police  for  the  offences  with  which 
they  are  charged,  as  heretofore.  But  their  treatment  by  the 
police  is  changed  to  some  extent.  The  old  law  prohibited  the 
commitment  of  a  child  under  twelve  years  of  age  to  a  police  sta¬ 
tion,  to  a  county  prison  or  to  the  state  farm,  pending  an  examina¬ 
tion,  in  default  of  bail  or  for  the  non-payment  of  a  fine,  or  upon 
a  conviction  of  any  offence  not  punishable  by  death  or  imprison¬ 
ment  for  life.  (R.  L.  86,  §  20,  as  amended  by  St.  1902,  314.) 
The  new  law  (§3)  raises  the  age  to  fourteen.  An  exception  is 
made  in  case  of  a  hoy  twelve  or  over,  arrested  in  the  act  of  vio¬ 
lating  a  law  of  the  Commonwealth,  or  on  a  warrant.  The  arrest¬ 
ing  officer  may  commit  such  a  boy  to  a  lock-up,  police  station  or 
house  of  detention,  but  he  cannot  be  committed  to  a  prison  for 
any  cause.  The  power  of  an  arresting  officer  to  commit  to  a  jail 
a  boy  or  girl  twelve  years  of  age  or  over,  who  has  been  arrested 
by  him  (R.  L.  86,  §  18),  is  so  far  modified  by  section  3  (par.  3) 
that  a  child  under  fourteen  cannot  be  so  committed. 

In  order  that  children  may  not  be  detained  longer  than  is 
necessary  after  arrest,  provision  is  made  for  immediate  notice  to 
the  parent  or  custodian  of  a  child  held  in  a  lock-up,  police  station 
or  house  of  detention,  and  also  for  notifying  a  probation  officer. 
If  the  probation  officer  is  willing  to  become  responsible  for  the 
child’s  appearance  for  examination,  the  child  may  be  released 
to  him  upon  his  written  request,  unless  the  officer  who  made  the 
commitment  has  made  a  written  request  for  his  detention.  (§3.) 
The  probation  officer  has  the  same  power  in  relation  to  a  child 
so  released  to  him  which  he  would  have  if  he  were  surety  upon 
his  recognizance.  (§5.) 

Under  the  old  law,  every  child  who  had  passed  his  seventh 
birthday  was  presumed  to  be  capable  of  committing  a  crime,  and 
might  be  held  responsible  for  it.  If  a  boy  of  seven  or  above  com¬ 
mitted  an  offence,  he  was  complained  of  and  tried  in  a  criminal 
court  (for  the  “juvenile  session”  is  the  session  of  a  criminal 
court)  ;  was  required  to  “plead”  to  the  charge ;  was  “convicted” 
and  “sentenced”  as  an  adult  would  be,  and,  if  above  twelve  years 
old,  might  be  committed  to  an  institution  used  mainly  for  adults. 
The  methods  of  procedure  were  those  used  in  the  trial  of  the  most 
dangerous  criminal,  and  the  record  of  conviction  could  never  be 
effaced. 


2 


PROCEDURE  IN  CASE  OF  DELINQUENT  CHILD. 


A  “delinquent  child”  is  defined  by  the  new  law  as  “any  boy 
or  girl  between  the  ages  of  seven  and  seventeen  years  who  violates 
any  city  ordinance  or  town  by-law,  or  commits  an  offence  not 
punishable  by  death  or  by  imprisonment  for  life.”  (§  i.)  When 
a  complaint,  is  to  be  made  against  any  such  boy  or  girl,  its  form 
will  depend  upon  the  age  of  the  child.  If  between  seven  and 
fourteen  years  of  age,  the  initial  complaint  must  be  for  being  a 
“delinquent  child.”  If  a  child  is  above  fourteen  the  court  may 
institute  delinquency  proceedings,  or,  if  it  shall  think  it  more  de¬ 
sirable,  may  begin  criminal  proceedings  instead.  (§  ii.) 

If  delinquency  proceedings  are  instituted  against  a  child  be¬ 
tween  seven  and  fourteen  they  may  be  dismissed  by  the  court 
after  a  hearing,  and  criminal  proceedings  may  be  begun.  But 
this  power  to  substitute  criminal  proceedings  for  delinquency 
proceedings  is  rigidly  limited  by  law.  There  is  one  express  con¬ 
dition.  The  court  must  be  of  opinion  that  both  the  welfare  of 
the  child  and  “the  interests  of  the  public”  require  that  the  child 
should  be  tried  for  crime  instead  of  being  dealt  with  as  a  delin¬ 
quent  child.  (§  II.)  It  is  not  probable  that  there  will  be  many 
of  these  exceptional  cases  in  which  criminal  proceedings  will  be 
considered  necessary. 

When  the  complaint  has  been  made  to  the  court,  the  proba¬ 
tion  officer  must  make  a  thorough  investigation  of  the  case. 
This  investigation  is  much  broader  than  that  made  in  cases  of 
adults.  He  must  report  “regarding  the  character  of  the  child, 
his  school  record,  his  home,  his  surroundings  and  the  previous 
complaints  against  him,  if  any.”  He  must  “be  present  in  the 
court  at  the  trial  of  the  case,  and  furnish  the  court  with  such  as¬ 
sistance  as  shall  be  required,”  and  at  the  end  of  the  probation 
period  he  must  make  a  report  as  to  the  child’s  conduct.  (§7.) 


DELINQUENCY  PROCEEDINGS  NOT  TO  BE  DEEMED  CRIMINAL. 

The  proceedings  to  prove  that  a  boy  or  girl  is  a  “delinquent 
child”  resemble  those  by  which  one  is  proved  to  be  a  “neglected 
child.”  “Delinquency”  is  a  condition  and  not  an  offence,  and 
the  law  declares,  definitely,  that  the  court  proceedings  in  delin¬ 
quency  cases  “shall  not  be  deemed  to  be  criminal  proceedings.” 
The  allegation  is  that  the  boy  or  girl  is  a  “delinquent  child.”  A 
plea  cannot  be  required,  as  a  child  cannot  be  “guilty”  of  delin¬ 
quency  ;  but  proof  that  an  offence  has  been  committed  is  the  es¬ 
sential  factor  in  establishing  a  condition  of  “delinquency.”  When 
the  evidence  has  been  heard,  if,  in  the  opinion  of  the  court,  the  al¬ 
legation  shall  have  been  proved,  the  child  will  not  be  “convicted,” 
but  will  be  “adjudged  to  be”  a  “delinquent  child.”  (§8.)  This 


3 


judgment  is  not  that  the  child  has  done  something  punishable, 
but  that  he  is  a  person  who  needs  care,  training,  restraint,  cor¬ 
rection. 


SUMMONSES  AND  WARRANTS. 

The  proceedings  between  the  issuing  of  the  warrant  and  the 
trial  of  the  case  are  similar  to  those  under  the  old  law,  but  some 
of  the  details  have  been  changed.  Under  the  old  statute  (R.  L. 
86, '§  15)  a  summons  must  be  issued,  instead  of  a  warrant,  if  a 
child  complained  of  was  under  twelve  years  of  age.  If  he  failed 
to  appear,  the  court  might  issue  a  warrant.  It  was  also  provided 
(R.  L.  217,  §  24)  that  upon  complaint  for  an  offence  within  the 
jurisdiction  of  trial  justices,  a  summons  should  be  issued,  instead 
of  a  warrant  (regardless  of  the  age  of  the  accused),  unless,  in 
the  judgment  of  the  court,  there  was  reason  to  believe  that  he 
would  not  appear  upon  a  summons.  The  new  law  (§3)  raises  to 
fourteen  the  age  of  a  child  to  whom  a  summons,  instead  of  a  war¬ 
rant,  rmist  be  issued,  and  requires  it  in  all  cases  unless  there  is 
reason  to  believe  that  the  child  will  not  appear  upon  a  summons. 

Under  the  old  law  (R.  L.  86,  §  17),  a  summons  to  the  father, 
mother,  guardian  or  custodian  of  the  child  to  attend  the  trial  was 
usually  issued  after  the  child  had  been  brought  before  the  court. 
This  necessitated  a  continuance  of  the  case.  If  the  child  is  sum¬ 
moned,  the  new  law  (§4)  directs  the  issue  of  a  similar  summons 
to  the  parent,  etc.,  but  permits  its  issue  at  the  same  time  that  the 
summons  is  issued  to  the  child,  avoiding  postponement  in  some 
cases. 


PROVISIONS  REGARDING  CONTINUANCES  AND  APPEALS. 

Under  the  old  law  large  numbers  of  children  were  commit¬ 
ted  to  jail  when  cases  were  continued  for  examination,  or  for 
trial  in  the  superior  court.  The  new  law  remedies  this  by  pro¬ 
viding  (§5)  that  a  child  under  fourteen,  who  is  unable  to  furnish 
bail,  ‘‘shall  be  committed  to  the  care  of  the  State  Board  of 
Charity,  or  of  a  probation  officer.”  This  raises  the  age  from 
twelve  to  fourteen,  and  permits  a  probation  officer,  as  well  as  the 
State  Board,  to  provide  for  the  child’s  safe  keeping  and  for  its 
appearance. 

If  a  child  fourteen  or  more  years  of  age  is  unable  to  furnish 
bail  for  trial  or  on  an  appeal,  the  court  must  make  immediate 
inquiry  whether  the  child  will  probably  appear  if  placed  in  care 
of  a  probation  officer,  and  unless  it  is  of  opinion  that  the  child 
will  not  appear,  it  must  commit  him  to  such  officer.  Under  these 
provisions,  there  can  be  no  commitments  of  children  to  jail,  ex¬ 
cepting  a  comparatively  few  who  cannot  be  trusted  to  appear  if 
committed  to  the  probation  officer. 


4 


COURT  SESSIONS  FOR  CHILDREN'S  CASES. 


The  section  (6)  in  relation  to  sessions  for  the  trial  of  chil¬ 
dren  compels  the  exclusion  of  minors  so  that  they  may  not  hear 
trials  of  other  cases  than  their  own,  unless  they  are  witnesses,  or, 
in  the  opinion  of  the  court,  their  presence  is  necessary  in  the  in¬ 
terests  of  justice.  As  far  as  it  is  practicable,  sessions  for  chil¬ 
dren  must  be  held  in  rooms  not  used  for  the  trial  of  criminal  cases. 

DISPOSAL  or  CASES  OF  DELINQUENT  CHILDREN. 

The  boy  or  girl  who  has  been  adjudged  to  be  a  delinquent 
child  becomes,  practically,  the  ward  of  the  court.  The  interest  of 
the  child  is  to  be  sought  in  the  disposal  of  the  case.  If  the  home 
is  bad,  the  child  may  be  put  into  a  better  one.  It  cannot  be  com¬ 
mitted  to  a  jail  or  house  of  correction,  but  if  a  state  law  has 
been  violated,  may  be  sent  to  any  other  institution  to  which  it 
might  have  been  committed  under  the  old  law — to  the  Lyman 
or  the  Industrial  School  (in  Boston  to  the  Suffolk  School  for 
Boys)  or  to  one  of  the  state  reformatories.  But  the  spirit  of  the 
law  requires  that  this  should  not  be  done  until  the  court,  in  the 
use  of  all  its  machinery,  has  exhausted  its  power  for  good ;  has 
done  its  utmost  for  the  restoration  of  the  delinquent  without 
commitment.  It  is  believed  that  the  restraints  of  supervision  by 
probation  officers  will  prove  far  more  effective  than  small  money 
penalties,  which,  under  the  old  law,  if  not  paid,  were  enforced 
by  the  imprisonment  of  children  with  adult  criminals. 

NEW  CORRECTIONAL  POWERS  GIVEN  TO  COURTS. 

The  new  law  gives  to  the  court  important  new  powers  over 
juvenile  probationers.  Though  it  may  not  fine  a  boy  or  girl,  in 
the  first  instance,  for  delinquency  or  waywardness,  the  power  to 
use  the  fine  as  a  means  of  securing  good  behavior  is  merely 
delayed.  It  may  impose  upon  the  probationer  such  conditions 
as  it  chooses, — whatever  will  secure  proper  conduct.  If  the 
child  so  placed  on  probation  fails  to  keep  the  conditions  imposed, 
the  court  may  impose  a  fine  for  the  violation.  (§  9.)  This 
power  to  enforce  good  conduct  after  a  boy  or  girl  has  been  found 
to  be  a  delinquent  or  wayward  child  seems  likely  to  be  more 
valuable  than  the  imposition  of  a  fine  for  a  past  misdeed.  The 
old  law  punishes  an  offence  already  committed,  and  the  court 
had  no  farther  control  of  the  offender;  under  the  new  law  the 
impending  fine  for  misconduct  while  on  probation  gives  the  court 
a  control  of  the  probationer,  and  puts  upon  the  probation  officer 
the  duty  of  supervision. 

The  exercise  of  the  strictly  penal  powers  of  the  court  is  dis¬ 
couraged  and  made  difficult  by  the  new  law,  but  its  correctional 


5 


powers  are  greatly  enlarged.  The  emphasis  is  placed  upon  a 
child’s  future  conduct,  instead  of  upon  his  past, — as  it  was  when 
penalties  were  imposed,  under  the  old  system. 

REPARATION  AND  RESTITUTION. 

Section  12  provides  for  the  application  of  a  power  which 
has  been  much  needed.  No  provision  has  existed  for  directly 
compelling  restitution  or  reparation  by  the  order  of  the  court. 
If  a  fine  was  imposed  it  went  into  the  public  treasury,  and  not  to 
the  injured  person.  The  new  law  provides  (§  12)  that  if  a  child 
has  committed  an  act  involving  liability  in  a  civil  action,  the 
court  may  require,  as  a  condition  of  probation,  that  he  shall 
make  restitution  or  reparation  to  the.  injured  person.  Some 
courts  accomplished  this  purpose  under  the  old  law  by  ordering 
a  continuance,  with  the  understanding  that  if  reparation  or  resti¬ 
tution  was  made  within  a  certain  time,  that  fact  would  be  taken 
into  consideration  in  the  final  disposition  of  the  case.  The  new 
law  gives  statutory  recognition  to  the  principle,  and  provides 
machinery  for  securing  the  desired  result. 

The  moral  effect  of  requiring  a  child  to  make  restitution  is 
of  great  value,  especially  in  cases  of  malicious  and  mischievous 
wrong-doing.  If  a  boy  who  has  stolen  is  compelled  to  make 
restitution  to  the  owner,  or  the  boy  who  has  injured  the  person 
or  property  of  another  is  compelled  to  make  reparation,  he  may 
learn  a  lesson  far  more  valuable  than  that  which  comes  from 
paying  a  fine  into  the  public  treasury  for  violating  the  law.  It 
will  emphasize  his  relations  to  others,  as  well  as  to  the  state. 

PARENTAL  RESPONSIBILITY  FOR  DELINQUENCY  OF  CHILD. 

The  responsibility  of  parents  for  the  conduct  of  their  chil¬ 
dren  is  recognized  in  Section  13,  which  authorizes  the  punish¬ 
ment  of  any  parent  who  is  found  to  have  been  responsible  for  the 
waywardness  or  delinquency  of  a  boy  or  girl  who  has  been  ad¬ 
judged  to  be  a  wayward  or  delinquent  child.  This  provision, 
extending  to  others  as  well  as  to  parents,  has  been  used  very 
effectively  in  many  other  states.  Much  of  the  juvenile  crime  is 
due  to  the  indifference  and  neglect  of  parents.  In  some  cases 
it  is  due  to  direct  training  in  crime  on  the  part  of  parents.  The 
fathers  and  mothers  cause  the  juvenile  crime,  and  the  penalties 
are  imposed  upon  the  children.  This  section  will  enable  the 
courts  to  place  the  responsibility  where  it  belongs, — upon  tlie 
parents. 


A  NEW  CLASS - WAYWARD  CHILDREN. 

The  old  law  provided  for  dealing  with  “juvenile  offenders’’ 
and  with  “neglected  children.”  A  neglected  child  is  defined  as 
one  under  sixteen  years  of  age,  who  “by  reason  of  orphanage  or 


6 


of  the  neglect,  crime  or  drunkenness,  or  other  vice  of  hs  parents, 
is  growing  up  without  education  or  without  salutary  control,  or  in 
circumstances  exposing  him  to  lead  an  idle  or  dissolute  life,  or  is 
dependent  upon  public  charity.”  (Acts  of  1903,  chap.  334,  §  i.) 

But  all  who  know  child-life  are  aware  that  there  are  boys 
and  girls  who  are  on  the  road  to  criminality  who  cannot  be 
proved  to  be  “neglected”  in  the  sense  in  which  the  word  is  used  in 
the  statute.  The  child  has  a  home ;  its  parents  are  not  criminals ; 
but  its  associations  and  surroundings  are  bad,  and  it  is  only  a 
question  of  time  when  it  will  commit  a  crime.  Though  the  result 
is  almost  certain,  little  could  be  done. 

The  new  law  creates  a  new  class  with  which  the  courts  may 
deal.  “A  boy  or  girl  between  seven  and  seventeen  years  of  age 
who  habitually  associates  with  vicious  or  immoral  persons,  or 
who  is  growing  up  in  circumstances  exposing  him  or  her  to  lead 
an  immoral,  vicious  or  criminal  life,”  is  a  “wayward  child”  in 
the  eye  of  the  law.  It  is  not  necessary  to  wait  for  the  boy  or  girl 
to  commit  crime.  A  complaint  for  “waywardness”  instead  of 
“delinquency”  may  be  made,  and  the  child  may  be  brought  into 
court.  The  methods  of  procedure  are  the  same  as  in  delinquency 
cases.  Of  course,  the  child  cannot  be  punished,  but  it  can  be 
placed  under  restraint.  If  it  is  adjudged  a  “wayward  child”  the 
court  may  place  it  in  the  tare  of  the  probation  officer,  for  such 
time  and  upon  such  conditions  as  may  seem  proper,  or  may  deal 
with  it  in  the  manner  provided  by  law  for  the  disposal  of  the 
case  of  a  neglected  child.*  (§8.) 

The  purpose  of  authorizing  the  court  to  deal  with  a  “way¬ 
ward”  child  is  purely  preventive.  The  State  asserts  its  right  to 
guard  the  child  from  the  peril  of  becoming  a  criminal.  Some¬ 
times  a  case  can  be  made  against  a  boy  or  girl  whose  parents 
have  done  their  best,  but  are  unable  to  control  their  child.  Some¬ 
times  against  one  who  is  allowed  to  have  his  own  way,  regard¬ 
less  of  consequences.  The  new  provision  may  be  made  specially 
effective  in  cases  of  girls  whose  conduct,  while  not  criminal,  ex¬ 
poses  them  to  serious  temptations. 

NEW  RELATIONS  BETWEEN  COURTS  AND  JUVENILE  OFFENDERS. 

A  review  of  the  provisions  of  the  new  law  reveals  the  fact 
that  it  imposes  upon  the  courts  many  new  duties  and  responsibili¬ 
ties  in  relation  to  juvenile  offenders.  The  commission  of  an 

*The  powers  of  the  court  in  case  of  a  neglected  child,  and  ap¬ 
plicable  to  a  “wayward  child,”  are  very  broad.  The  court  may  continue 
the  complaint  and  may  allow  the  child  to  be  placed  in.  the  care  of 
some  suitable  person  or  charitable  corporation,  upon  his  or  its  furnish¬ 
ing  surety  for  the  further  appearance  of  the  child;  or  may  make  such 
further  orders  with  reference  to  the  care  and  custody  of  the  child  as 
may  conduce  to  its  best  interests,  or  may  commit  the  child  to  the  cus¬ 
tody  of  the  State  Board  of  Charity  during  its  minority,  or  for  a  less 
time.  (Acts  of  1903,  chap.  334,  §  3.) 


offence  which  brings  a  child  before  the  court  establishes  a  new 
relation  between  them  which  does  not  end,  as  now,  with  the  im¬ 
position  of  a  penalty.  The  presumption  of  the  new  law  is  that 
such  a  child  needs  the  supervision  of  the  court  in  his  own  home, 
and  the  helpful  restraint  and  inspiration  of  the  probation  officer. 
The  system  centers  about  this  officer,  who  must  be  in  close  con¬ 
tact  with  the  child  and  its  family  through  the  probation  period, 
which  may  be  made  as  long  as  the  court  considers  necessary. 

In  the  performance  of  his  duties  and  of  his  trust  the  probation 
officer  must  have  assistance.  The  most  important  aid  must  come 
from  those  who  administer  the  schools.  The  schools  and  the 
courts  must  co-operate.  The  work  cannot  be  accomplished  unless 
they  are  in  the  closest  relations,  so  that  the  court  may  know  the 
school  record,  from  week  to  week.  The  probation  officer  must 
have  the  help  of  the  teacher. 

The  new  system  also  affords  new  opportunities  for  the  co¬ 
operation  of  volunteer  workers.  In  other  states  this  service  has 
been  rendered  by  large  numbers  of  persons,  who  have  undertaken 
the  oversight  and  supervision  of  probation  children,  under  the 
direction  of  the  court,  and  in  co-operation  with  the  probation 
officer.  These  volunteers  have  rendered  invaluable  aid,  especial¬ 
ly  as  friendly  visitors  in  the  homes,  supplementing  the  official 
work  of  the  paid  probation  officers.  Few  opportunities  of  use¬ 
fulness  exceed  in  value  those  afforded  by  this  work,  and  volun¬ 
teers,  when  carefully  selected  and  wisely  directed,  are  of  very 
great  assistance  to  the  court,  in  its  new  duty  of  removing  the 
causes  of  juvenile  crime;  of  improving  the  surroundings  and  as¬ 
sociates  of  court  children  and  of  directing  them  into  right  ways. 

The  duty  of  rendering  such  service  is  suggested  by  the 
declaration  of  Judge  Mack  of  the  Chicago  Juvenile  Court,  who 
says :  “When  every  successful  man,  every  man  who  has  been 
successful  in  the  best  sense,  takes  one  child  to  look  after  and 
guide  through  life,  the  juvenile  delinquency  question  will  be 
solved.” 

The  latest  Massachusetts  legislation,  by  its  provisions  for  the 
judicial  treatment  of  delinquent  and  wayward  children,  puts  the 
Commonwealth  in  advance  of  all  other  states.  The  great  need 
is  of  a  public  sentiment  which  shall  support  the  courts  in  their 
administration  of  the  law,  together  with  the  co-operation  of  many 
individuals  in  behalf  of  those  whose  necessities  are  so  great. 


8 


AN  ACT  RELATIVE  TO  DELINQUENT  CHILDREN. 

[Acts  of  1906,  Chapter  413.] 

Section  i.  The  word  ‘‘court/’  whenever  used  in  this  act, 
shall  be  construed  to  mean  a  police,  district  or  municipal  court, 
or  a  trial  justice. 

The  words  “probation  officer”  shall  be  construed  to  mean  a 
probation  officer  or  assistant  probation  officer  of  the  court  having 
jurisdiction  of  the  pending  case. 

The  term  “delinquent  child”  shall  be  construed  to  mean  any 
boy  or  girl  between  the  ages  of  seven  and  seventeen  years,  who 
violates  any  city  ordinance  or  town  by-law,  or  commits  an 
offence  not  punishable  by  death  or  by  imprisonment  for  life. 

The  words  “wayward  child”  shall  be  construed  to  mean  a 
boy  or  girl  between  seven  and  seventeen  years  of  age  who 
habitually  associates  with  vicious  or  immoral  persons,  or  who  is 
growing  up  in  circumstances  exposing  him  or  her  to  lead  an 
immoral,  vicious  or  criminal  life. 

Section  2.  This  act  shall  be  liberally  construed  to  the  end 
that  the  care,  custody  and  discipline  of  the  children  brought  be¬ 
fore  the  court  shall  approximate  as  nearly  as  possible  that  which 
they  should  receive  from,  their  parents,  and  that,  as  far  as  practi¬ 
cable,  they  shall  be  treated,  not  as  criminals,  but  as  children  in 
need  of  aid,  encouragement  and  guidance.  Proceedings  against 
children  under  this  act  shall  not  be  deemed  to  be  criminal  pro¬ 
ceedings. 

Section  3.  If  complaint  is  made  to  any  court  that  a  boy 
or  girl  between  the  ages  of  seven  and  seventeen  years  is  a  way¬ 
ward  child  or  a  delinquent  child,  said  court  shall  examine  on 
oath  the  complainant  and  the  witnesses,  if  any,  produced  by  him, 
and  shall  reduce  the  complaint  to  writing,  and  cause  it  to  be 
subscribed  by  the  complainant. 

If  said  child  is  under  fourteen  years  of  age,  said  court  shall 
first  issue  a  summons  requiring  it  to  appear  before  such  court 
at  the  time  and  place  named  therein,  and  such  summons  shad  be 
issued  in  all  other  cases,  instead  of  a  warrant,  unless,  in  the  judg¬ 
ment  of  the  court,  there  is  reason  to  believe  that  he  or  she  will 
not  appear  upon  a  summons,  in  which  case,  or  in  any  case  in 
which  a  child  has  been  summoned  as  aforesaid  and  did  not  ap¬ 
pear,  said  court  may  issue  a  warrant  reciting  the  substance  of  the 
complaint,  and  requiring  the  officer  to  whom  it  is  directed  forth¬ 
with  to  take  such  child  and  bring  it  before  said  court  to  be  dealt 
with  according  to  law,  and  to  summon  such  witnesses  as  shall  be 
named  therein  to  appear  and  give  evidence  at  the  examination. 

A  child  under  fourteen  years  of  age  shall  not  be  committed 
to  a  lock-up,  police  station  or  house  of  detention,  to  a  jail  or 
house  of  correction,  to  the  state  farm,  or  the  house  of  correction 
at  Deer  Island  in  the  city  of  Boston,  pending  an  examination,  in 

9 


default  of  bail,  or  for  the  non-payment  of  a  fine,  except  as  pro¬ 
vided  in  sections  five  and  nine,  or  upon  conviction  of  any  offence 
not  punishable  by  death  or  imprisonment  for  life :  provided,  that 
a  boy  tv/elve  years  of  age  or  over,  arrested  in  the  act  of  violating 
a  law  of  the  Commonwealth,  or  on  a  warrant,  may,  in  the  dis¬ 
cretion  of  the  arresting  officer,  be  committed  to  a  lock-up,  police 
station  or  house  of  detention. 

Whenever  a  child  under  seventeen  years  of  age  has  been 
committed  to  a  lock-up,  police  station  or  house  of  detention  the 
probation  officer  and  at  least  one  of  its  parents,  and,  if  there  is 
no  parent,  then  the  person  with  whom  such  child  resides,  shall 
be  notified  at  once  of  said  commitment.  The  officer  of  the  place 
of  custody  in  which  such  child  is  confined,  on  the  written  request 
of  the  probation  officer,  shall  release  such  child  to  him,  unless  the 
officer  who  made  the  commitment  shall  make  a  written  request 
for  his  detention.  Said  probation  officer  shall  notify  such  child 
of  the  time  and  place  of  the  hearing  of  its  case. 

SectiO'N  4.  If  a  boy  or  girl  is  brought  before  such  court 
upon  a  warrant,  or  has  been  summoned  to  appear,  as  provided 
in  the  preceding  section,  a  summons  shall  be  issued  to  at  least 
one  of  its  parents,  if  either  of  them  is  known  to  reside  within 
the  city  or  town  where  such  child  was  found,  and,  if  there  is  no 
such  parent,  then  to  its  lawful  guardian,  if  there  is  one  known  to 
be  so  resident,  and  if  not,  then  to  the  person  with  whom  such 
child  resides,  if  known.  Said  summons  shall  require  the  person 
upon  whom  it  is  served  to  appear  at  a  time  and  place  stated 
therein,  and  show  cause  why  such  boy  or  girl  should  not  be 
adjudged  a  wayward  or  delinquent  child,  as  the  case  may  be.  If 
there  is  no  such  parent,  guardian  or  person  who  can  be  sum¬ 
moned  as  aforesaid,  the  court  may  appoint  a  suitable  person  to 
act  in  behalf  of  such  child. 

If  such  child  is  summoned,  the  time  for  appearance  fixed  in 
the  summons  to  a  parent,  guardian  or  other  person,  as  herein 
provided,  shall,  when  practicable,  be  the  same  as  that  fixed  for 
the  appearance  of  said  child. 

A  summons  required  by  ^this  act,  unless  service  thereof  is 
waived  in  writing,  shall  be  served  by  a  constable  or  police  officer, 
by  delivering  it  personally  to  the  person  to  whom  it  is  addressed 
or  by  leaving  it  with  a  person  of  proper  age  to  receive  the  same, 
at  the  place  of  residence  or  business  of  such  person ;  and  said 
constable  or  officer  shall  immediately  make  return  to  the  court 
of  the  time  and  manner  of  the  service. 

If  the  court  shall  be  of  opinion  that  the  interests  of  an 
alleged  wayward  or  delinquent  child  require  the  attendance,  at 
any  proceedings,  of  an  agent  of  the  state  board  of  charity,  and 
shall  request  such  attendance,  of  said  board,  an  agent  thereof 
shall  attend  such  proceedings,  to  protect  the  interests  of  said 
child. 

Section  5.  Hearings  upon  cases  arising  under  this  act  may 

10 


be  adjourned  from  time  to  time.  A  child  that  has  been  adjudged 
by  the  court  a  wayward  or  delinquent  child  may  appeal  to  the 
superior  court,  and  such  child  shall,  at  the  time  of  such  adjudica¬ 
tion,  be  notified  of  its  right  to  appeal.  The  appeal,  if  taken,  shall 
be  entered,  tried  and  determined  in  like  manner  as  appeals  from 
trial  justices  in  criminal  cases.  The  provisions  of  section  thirty- 
four  of  chapter  two  hundred  and  seventeen,  and  of  section 
twenty-two  of  chapter  two  hundred  and  nineteen  of  the  Revised 
Laws,  relative  to  recognizances  in  cases  continued  or  appealed, 
shall  be  applicable  in  cases  arising  under  this  act. 

A  child  under  fourteen  years  of  age,  who  has  been  held  for 
examination  or  trial,  or  to  prosecute  an  appeal  to  the  superior 
court,  if  unable  to  furnish  bail,  shall  be  committed  to  the  care  of 
the  state  board  of  charity  or  of  a  probation  officer.  The  person 
to  whose  care  it  is  so  committed  shall  provide  for  its  safe  keeping 
and  for  its  appearance  at  its  examination  or  trial,  or  at  the  prose¬ 
cution  of  its  appeal. 

A  child  fourteen  or  more  years  of  age,  so  held,  if  unable  to 
furnish  bail  shall  be  so  committed  to  a  probation  officer,  unless 
the  court,  upon  immediate  inquiry,  shall  be  of  opinion  that,  if  so 
committed,  such  child  will  not  appear  at  such  examination  or 
trial,  in  which  case  said  child  may  be  committed  to  jail. 

Said  probation  officer  shall  have  all  the  authority,  rights  and 
powers,  in  relation  to  a  child  committed  to  his  care  under  this 
section,  and  in  relation  to  a  child  released  to  him,  as  provided  in 
section  three,  which  he  would  have  if  he  were  surety  upon  the 
recognizance  of  such  a  child. 

Section  6.  Courts  shall  designate  suitable  times  for  the 
hearing  of  cases  of  juvenile  offenders,  and  wayward  or  delinquent 
children,  which  shall  be  called  the  session  for  children,  for  which 
a  separate  docket  and  record  shall  be  kept.  Said  session  shall  be 
separate  from  that  for  the  trial  of  criminal  cases,  and  as  far  as 
practicable  shall  be  held  in  rooms  not  used  for  such  trials.  No 
minor  shall  be  allowed  to  be  present  at  any  such  hearing  unless 
his  presence  is  necessary,  either  as  a  party  or  as  a  witness,  or,  in 
the  opinion  of  the  court,  in  the  interests  of  justice. 

Section  7.  Every  case  of  a  wayward  child  or  a  delinquent 
child  shall  be  investigated  by  the  probation  officer,  who  shall 
make  a  report  regarding  the  character  of  such  child,  his  school 
record,  his  home,  his  surroundings  and  the  previous  complaints 
against  him,  if  any.  He  shall  be  present  in  court  at  the  trial  of 
the  case,  and  furnish  the  court  with  such  information  and  as¬ 
sistance  as  shall  be  required.  At  the  end  of  the  probation  period 
of  a  child  that  has  been  placed  on  probation,  the  officer  in  whose 
care  it  has  been  shall  make  a  report  as  to  its  conduct  during  such 
period. 

Section  8.  At  the  hearing  of  a  complaint  against  a  child 
the  court  shall  examine  such  child,  and  any  witnesses  that  appear, 
and  take  such  testimony  relative  to  the  case  as  shall  be  produced. 

11 


If  the  allegations  against  a  child  are  proved,  it  may  be  adjudged 
a  wayward  or  delinquent  child,  as  the  case  may  be. 

If  a  child  is  adjudged  a  wayward  child,  the  court  may  place 
it  in  the  care  of  a  probation  officer  for  such  time  and  upon  such 
conditions  as  may  seem  proper,  or  may  deal  with  it  in  the  manner 
provided  by  law  for  the  disposal  of  the  case  of  a  neglected  child. 

If  a  child  is  adjudged  a  delinquent  child,  the  court  may 
place  the  case  on  file,  or  may  place  the  child  in  the  care  of  a  pro¬ 
bation  officer  for  such  time  and  on  such  conditions  as  mav  seem 
proper.  If  it  is  alleged  in  the  complaint  upon  which  the  child  is 
so  adjudged,  that  a  law  of  the  Commonwealth  has  been  violated, 
the  court  may,  with  the  consent  of  the  state  board  of  charity, 
authorize  said  board  to  take  and  indenture  such  child,  or  place 
it  in  charge  of  any  person,  and  if  at  any  time  thereafter  such 
child  proves  unmanageable,  to  commit  such  child,  if  a  boy  under 
fifteen  years  of  age,  to  the  Lyman  school  for  boys,  or  if  a  girl 
under  seventeen  years  of  age,  to  the  state  industrial  school  for 
girls,  until  such  child  attains  the  age  of  twenty-one  years.  Said 
board  may  provide  for  the  maintenance,  in  whole  or  in  part,  of 
any  child  so  indentured  or  placed  in  charge  of  any  person. 

The  court  shall  also  have  power  to  commit  such  delinquent 
child  to  any  institution  to  which  it  might  be  committed  upon  a 
conviction  for  such  violation  of  law,  excepting  a  jail  or  house 
of  correction,  and  all  laws  applicable  to  a  boy  or  girl  committed 
upon  such  a  conviction  shall  apply  to  a  delinquent  child  com¬ 
mitted  under  this  section. 

Section  9.  If  a  child  has  been  placed  in  care  of  a  proba¬ 
tion  officer,  as  provided  in  this  act,  said  officer,  at  any  time  before 
the  final  disposition  of  the  case,  may  arrest  such  child  without 
a  warrant  and  take  him  before  the  court,  or  the  court  may  issue  a 
warrant  for  his  arrest.  When  such  child  is  before  the  court,  it 
may  make  any  disposition  of  the  case  which  it  might  have  made 
before  said  child  was  placed  on  probation,  or  may  continue  or 
extend  the  period  of  probation. 

If  the  court  shall  find  that  such  child  has  violated  the  condi¬ 
tions  of  its  probation,  it  may  impose  a  fine,  not  exceeding  five 
dollars,  and  if  the  fine  is  not  paid  at  once,  in  whole  or  in  part, 
may  order  that  said  child  stand  committed  to  a  jail  until  the 
same  is  paid,  but  not  exceeding  five  days.  Said  court  shall  sus¬ 
pend  the  execution  of  said  order  and  continue  the  probation  for 
such  time  as  it  shall  fix,  unless  in  the  opinion  of  the  court  such 
child  will  default.  Said  fine  may  be  paid  to  the  probation  officer, 
whereupon  the  order  for  commitment  shall  be  void.  If  at  the 
end  of  the  period  of  such  suspension  the  probation  officer  shall 
report  that  said  fine  is  unpaid,  the  court  may  extend  such  period, 
or  place  the  case  on  file,  or  revoke  the  suspension  of  the  execu¬ 
tion  of  the  order  of  commitment.  If  the  fine,  or  any  part  thereof, 
is  paid  to  the  probation  officer,  he  shall  give  a  receipt  therefor, 


12 


shall  keep  a  record  of  the  payment,  shall  pay  the  same  to  the 
clerk  of  the  court  at  its  next  session,  and  shall  keep  on  file  the 
clerk’s  receipt  therefor. 

Section  io.  A  disposition  of  any  child  under  this  act,  or 
any  evidence  given  in  such  case,  shall  not,  in  any  proceeding,  in 
any  court,  be  lawful  or  proper  evidence  against  such  child  for 
any  purpose,  excepting  in  subsequent  criminal  proceedings,  or 
subsequent  cases  of  delinquency  or  waywardness  against  the 
same  child. 

Section  ii.  If  it  shall  be  alleged  in  a  complaint  made 
under  this  act  that  a  boy  or  girl  has  committed  an  offence  against 
a  law  of  the  Commonwealth,  or  has  violated  a  city  ordinance  or 
town  by-law,  and  the  court  shall  be  of  opinion  that  his  or  her 
welfare,  and  the  interests  of  the  public,  require  that  he  or  she 
should  be  tried  for  said  offence  or  violation,  instead  of  being 
dealt  with  as  a  delinquent  child,  the  court  may,  after  a  hearing 
on  said  complaint,  order  that  it  be  dismissed.  Criminal  proceed¬ 
ings  shall  not  be  begun  against  any  child  between  the  ages  of 
seven  and  fourteen,  except  for  an  offence  punishable  by  death  or 
imprisonment  for  life,  unless  proceedings  against  it  as  a  delin¬ 
quent  child  have  been  begun  and  dismissed  as  aforesaid. 

Section  12.  If,  in  adjudging  a  person  to  be  a  delinquent 
child,  the  court  shall  find,  as  an  element  of  such  delinquency,  that 
he  has  committed  an  act  involving  liability  in  a  civil  action,  and 
such  delinquent  child  shall  be  placed  on  probation,  as  herein  pro¬ 
vided,  the  court  may  require,  as  a  condition,  thereof,  that  he  shall 
make  restitution  or  reparation  to  the  injured  person,  to  such  an 
extent  and  in  such  sum  as  the  court  shall  determine.  If  the  pay¬ 
ment  is  not  made  at  once,  it  shall  be  made  to  the  probation  officer, 
who  shall  give  a  receipt  therefor,  shall  keep  a  record  of  the  pay¬ 
ment,  shall  pay  the  money  to  said  injured  person,  and  keep  on 
file  his  receipt  therefor. 

Section  13.  If  a  boy  or  girl  is  adjudged  to  be  a  wayward 
child  or  a  delinquent  child,  as  defined  by  this  act,  a  parent  of 
such  child  who  is  found  to  have  been  responsible  for  such  way¬ 
wardness  or  delinquency,  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars,  or  by  imprisonment  in  jail  for  not  more  than 
six  months. 

Section  14.  The  state  board  of  charity  shall  have  au¬ 
thority  to  supervise  the  probation  work  for  wayward  and  delin¬ 
quent  children,  and  to  make  such  inquiries  as  it  considers  neces¬ 
sary  in  regard  to  the  same,  and  in  its  annual  report  may  make 
such  recommendations  as  it  considers  advisable  for  the  improve¬ 
ment  of  methods  of  dealing  with  such  children. 

Section  15.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  16.  This  act  shall  take  effect  on  the  first  day  of 
September  in  the  year  nineteen  hundred  and  six. 

Approved  May  24,  ipo6. 


13 


THE  BOSTON  JUVENILE  COURT. 


All  the  provisions  of  the  general  delinquent  law  apply  to  the 
Boston  Juvenile  Court — except  the  section  authorizing  the  pun¬ 
ishment  of  parents  for  contributing  to  their  children’s  wayward¬ 
ness  or  delinquency.  The  jurisdiction  of  the  Court  is  confined  to 
persons  under  seventeen  and,  therefore,  parents  of  children 
brought  before  the  court  must  be  punished  in  the  old  Municipal 
Court. 

The  statute  creating  the  Juvenile  Court  contains  the  follow¬ 
ing  special  provisions  for  the  handling  of  children’s  cases :  — 

1.  It  provides  a  judge,  a  clerk  and  two  probation  officers 
who  have  no  official  duties  except  to  deal  with  children’s  cases. 

2.  So  far  as  possible  all  cases  shall  be  heard  in  the  judge’s 
private  room,  and  all  persons  whose  presence,  in  the  opinion  of 
the  court,  is  not  necessary,  shall  be  excluded  from  the  room.  The 
general  delinquent  law  provides  merely  that  children’s  cases  shall 
not  be  heard  in  an  ordinary  court  room ;  it  does  not  provide  for 
the  exclusion  of  anybody  from  the  hearings. 

3.  The  justice  ma}^  appoint  as  many  deputy  probation  offi¬ 
cers  as  he  may  deem  desirable.  This  does  not,  however,  give  the 
deputies  any  authority  which  would  not  be  possessed  by  any 
ordinary  citizen  who  might  undertake  to  assist  any  other  court 
by  obtaining  information  or  giving  oversight,  and  it  is  therefore 
merely  a  formal  sanction  by  the  legislature  of  the  use  of  volun¬ 
teers  which  has  always  been  made  to  some  extent. 

4.  Any  officer  arresting  a  child  in  the  jurisdiction  of  the 
Juvenile  Court  may  release  the  child  on  the  written  promise  of 
the  parent,  the  guardian,  or  any  reputable  person,  to  have  the 
child  in  court  when  wanted. 

5.  The  superintendent  of  schools  and  all  teachers  are  re¬ 
quired  to  give  the  court  any  information  desired  at  any  time  in 
regard  to  the  attendance,  conduct  and  standing  of  any  pupil 
brought  before  the  court. 


14 


AN  ACT  TO  ESTABLISH  THE  BOSTON 
JUVENILE  COURT. 

[Acts  of  1906,  Chapter  489.] 

Section  i.  A  court  is  hereby  established  in  the  city  of 
Boston,  to  be  known  as  the  Boston  Juvenile  Court. 

Section  2.  Said  court  shall  consist  of  one  justice  and  two 
special  justices,  who  shall  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council.  There  shall  be  a  clerk  of 
said  court  who  shall  also  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  for  a  term  of  five  years.  In 
case  of  the  absence,  death  or  removal  of  the  clerk,  the  court  may 
appoint  a  clerk  pro  tempore,  who  shall  act  until  the  clerk  resumes 
his  duties,  or  until  the  vacancy  is  filled.  The  said  court  shall 
have  a  proper  seal,  and  all  processes  issuing  therefrom  shall  be 
under  the  seal  of  the  court,  shall  be  signed  by  the  clerk,  and  shall 
bear  the  teste  of  the  justice  of  the  court,  unless  his  office  is 
vacant,  in  which  case  it  shall  bear  the  teste  of  a  special  justice  of 
the  court. 

Section  3.  The  justice  of  the  said  court  shall  be  pajd  a 
salary  of  three  thousand  dollars  per  annum.  The  special  justices 
shall  be  paid  for  each  day’s  actual  service  at  the  same  rate  as  the 
rate  by  the  day  of  the  salary  of  the  justice  of  the  court;  but  com¬ 
pensation  for  services  in  excess  of  thirty  days  in  any  one  calen¬ 
dar  year  shall  be  deducted  by  the  county  treasurer  from  the  sal¬ 
ary  of  the  justice  of  the  court.  The  clerk  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars.  The  said  salaries  shall  be  paid 
by  the  county  of  Suffolk,  in  the  same  manner  as  the  salaries  of 
the  justices,  special  justices  and  clerks  of  the  municipal  court  of 
said  city  are  now  paid.  Suitable  rooms  for  the  sittings  of  the 
court  and  for  the  officers  thereof  shall  be  provided  in  the  Suffolk 
county  court  house. 

Section  4.  All  the  jurisdiction,  authority  and  powers  vest¬ 
ed  in  the  municipal  court  of  the  city  of  Boston  or  the  justices 
thereof,  or  which  are  conferred  upon  municipal  courts  by  chapter 
four  hundred  and  thirteen  of  the  acts  of  the  year  nineteen  hun¬ 
dred  and  six,  which  involve  the  trial,  sentencing,  commitment  or 
other  disposal  of  a  child  under  the  age  of  seventeen  years,  or  the 
receiving  of  complaints  and  the  issuing  of  summonses,  warrants 
or  other  processes  in  relation  thereto,  or  which  relate  to  the  care 
of  neglected  children,  under  chapter  three  hundred  and  thirty- 
four  of  the  acts  of  the  year  nineteen  hundred  and  three,  and  acts 
in  amendment  thereof  or  in  addition  thereto,  are  hereby  trans- 


16 


ferred  to,  and  vested  in,  the  court  hereby  established,  and  in  the 
justice  and  special  justices  thereof;  and  the  said  court  shall 
have  jurisdiction  over  such  other  matters  as  m.ay  come  before  it 
under  this  act.  All  the  provisions  of  law  which  relate  to  police, 
district  or  municipal  courts,  to  the  justices,  special  justices  and 
clerks  thereof,  or  to  the  rights,  duties  and  liabilities  of  parties  to 
proceedings  therein,  shall,  so  far  as  they  may  be  appropriate,  ap¬ 
ply  to  said  court,  its  justice,  special  justices  and  clerk,  and  to  the 
parties  to  proceedings  therein,  except  as  herein  otherwise  pro¬ 
vided.  The  court  hereby  established  may  continue  from  time  to 
time  the  hearing  in  respect  to  any  child  given  under  the  provi¬ 
sions  of  this  act,  and  may  commit  such  child  to  any  institution  to 
which  a  district  or  municipal  court  in  the  city  of  Boston  is  now,  or 
may  hereafter  be,  authorized  to  commit  such  child,  or  may  im¬ 
pose  any  penalty  which  said  courts  are  authorized  to  impose. 
The  court  may  from  time  to  time  make  general  rules  in  reference 
to,  and  provide  forms  of,  procedure. 

Section  5.  So  far  as  possible  the  court  shall  hear  all  cases 
in  chambers ;  and  all  persons,  whose  presence,  in  the  opinion  of 
the  court,  is  not  necessary,  shall  be  excluded  from  the  room. 

Section  6.  The  justice  of  the  court  hereby  established  shall 
appoint  two  probation  officers,  each  of  whom  shall  hold  office 
during  the  pleasure  of  the  said  justice,  and  shall  have  general 
authority  to  serve  such  process  as  may  be  directed  to  either  of 
them  by  the  court.  The  provisions  of  chapter  two  hundred  and 
seventeen  of  the  Revised  Laws,  and  of  all  other  statutes  now  or 
hereafter  applicable  to  probation  officers  connected  with  courts 
in  the  city  of  Boston,  shall,  so  far  as  they  may  be  appropriate, 
apply  to  said  probation  officers,  except  as  herein  otherwise  pro¬ 
vided.  The  justice  may  also  appoint  as  many  deputy  probation 
officers,  without  salary,  as  he  may  deem  desirable.  They  shall 
assist  probation  officers  in  such  ways  as  the  court  may  direct  in 
making  investigations  of  cases  of  children  against  whom  com¬ 
plaints  have  been  made,  and  in  the  care  of  children  who  have 
been  placed  on  probation. 

Section  7.  In  case  a  warrant  is  issued  by  the  court  for  a 
child’s  arrest,  or  in  case  a  child  between  the  ages  of  seven  and 
seventeen  years  is  arrested  without  a  warrant,  as  provided  by 
law,  in  order  to  avoid  the  incarceration  of  the  child,  if  practicable, 
the  officer  to  whom  said  warrant  is  delivered,  or  who  has  arrested 
the  child  without  a  warrant,  as  the  case  may  be,  may,  unless  the 
justice  or  magistrate  of  the  court  issuing  such  warrant  has  other¬ 
wise  directed  in  the  warrant,  accept  the  written  promise  of  the 
parent,  guardian  or  person  with  whom  it  is  stated  that  said  child 
resides,  or  any  other  reputable  person,  to  be  responsible  for  the 
presence  of  said  child  in  court  at  the  time  and  place  when  the 
child  is  to  appear,  and  at  any  other  time  to  which  the  hearing  in 
the  case  may  be  continued  or  adjourned  by  the  court.  Nothing 


16 


herein  contained  shall  be  construed  to  prevent  the  admitting  of 
said  child  to  bail,  in  accordance  with  sections  twenty-nine  and 
thirty  of  chapter  two  hundred  and  seventeen  of  the  Revised  Laws. 

Section  8.  It  shall  be  the  duty  of  the  superintendent  of 
the  Boston  public  schools,  and  of  any  teacher  therein,  and  of  the 
person,  society  or  corporation  in  charge  of  any  private  school, 
and  of  the  teachers  therein,  to  furnish  to  the  said  court  from 
time  to  time  any  information  and  reports  requested  by  the  justice 
thereof  relating  to  the  attendance,  conduct  and  standing  of  any 
pupil  under  his,  her  or  its  charge,  if  said  pupil  is  at  the  time 
under  the  charge  of  the  court  hereby  established. 

Section  9.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Section  10.  This  act  shall  take  effect  upon  its  passage,  so 
far  as  the  appointing,  commissioning  and  qualifying  of  the  jus¬ 
tice,  special  justices  and  clerk  of  the  court  hereby  established 
are  concerned ;  and  it  shall  be  in  full  force  and  effect,  and  the 
authority  and  jurisdiction  of  the  court  hereby  established  and  of 
the  probation  officers  thereof  shall  begin,  on  the  first  day  of  Sep¬ 
tember  in  the  year  nineteen  hundred  and  six,  except  that  the 
municipal  court  of  the  city  of  Boston^ shall  have  power  to  dis¬ 
pose  of  all  cases  of  juvenile  offenders  or  neglected  children  which 
may  be  pending  before  it  when  this  act  takes  full  effect. 

Approved  June  15,  igo6. 


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